Johnston v. Browne
Supreme Court of Iowa
Appeal from Tama Distneiet Oouri. Thursday, October 9. On the 23d day of September, 1872, the plaintiff commenced an action by attachment against the defendant, ~W. T. Browne, claiming of him the sum of $2,200, with interest from August 21,1872. An attachment was duly issued in said cause and levied upon all the wheat in the elevator at Toledo, to wit: About 2,500 bushels, and about 1,200 bushels of barley in the warehouse at Toledo, the said wheat and barley being attached…
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Appeal from Tama Distneiet Oouri. Thursday, October 9. On the 23d day of September, 1872, the plaintiff commenced an action by attachment against the defendant, ~W. T. Browne, claiming of him the sum of $2,200, with interest from August 21,1872. An attachment was duly issued in said cause and levied upon all the wheat in the elevator at Toledo, to wit: About 2,500 bushels, and about 1,200 bushels of barley in the warehouse at Toledo, the said wheat and barley being attached as the property of the defendant Browne. At the February term, 1873, the plaintiff recovered judgment against said…
1Opinion of the CourtDay, J.
The intervenor, Bickett, read in evidence two receipts, one of which is as follows :
“ Toledo, Iowa, August 29, 1872.
“ Bought of H. F. Bickett, for W. P. Browne, to be delivered at Browne’s elevator, if all like sample,-of wheat, at $-- in' store. -, buyer. - bush. - lbs. G. Williamson, weigher.”
On the back of this was indorsed the respective number of bushels delivered at various times.
The other receipt was the same, except as to date and indorsements on the back. The testimony shows that the-wheat was left with Browne, with the understanding that when intervenor got ready to sell it Browne…
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- Seymour v. BrownNew York Supreme Court · 1821
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